The Pacific Remote Islands area consists of Wake, Baker, Howland, and
Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, which lie
to the south and west of Hawaii. With the exception of Wake Island, these
islands are administered as National Wildlife Refuges by the United States
Fish and Wildlife Service of the Department of the Interior. These refuges
are an important part of the most widespread collection of marine- and
terrestrial-life protected areas on the planet under a single country's
jurisdiction. They sustain many endemic species including corals, fish,
shellfish, marine mammals, seabirds, water birds, land birds, insects, and
vegetation not found elsewhere.

Wake Island, to the west of Honolulu, Hawaii, is the northernmost atoll in
the Marshall Islands geological ridge and perhaps the oldest living atoll
in the world. Though it was substantially modified by the United States to
create a military base before and after World War II, its major habitats
are the three low coral islands consisting of shells, coral skeletons, and
sand, supporting atoll vegetation adapted to arid climate. Wake Island
supports 12 species of resident nesting seabirds and 6 species of migratory
shorebirds, including 2 species of tropicbirds, 3 species of boobies, Great
Frigatebird, Sooty Tern, Brown Noddy, and Wedge-tailed Shearwater.
Black-footed Albatross and Laysan Albatross recently recolonized Wake
Island, making it one of the few northern albatross colonies outside the
Hawaiian archipelago.

Shallow coral reefs thrive around the perimeter of Wake Island. Fish
populations are abundant and support at least 323 species, including large
populations of the Napoleon wrasse (Chelinus), sharks of several species,
and large schools of the Bumphead parrotfish (Bolbometapon), all of which
are globally depleted. Beyond the shallow reefs, the outer reef slope
descends sharply to great depths.

Baker, Howland, and Jarvis Islands were first formed as fringing reefs
around islands formed by Cretaceous-era volcanoes (approximately 120-75
million years ago). As the volcanoes subsided, the coral reefs grew
upward, maintaining proximity to the sea surface. These low coral islands
consist of coral rock, shells, and sand that support trees, shrubs, and
grasses adapted to the arid climate at the equator. All three are
surrounded by shallow coral reefs to depths of 100 meters, below which the
reef slope descends steeply to great depths. Deep coral forests occur
below photic zones of all three islands at depths below 200 meters,
especially at Jarvis where surveys have revealed living colonies of
precious and ancient gold coral up to 5,000 years old.

The waters surrounding Baker, Howland, and Jarvis Islands have fish biomass
double that of the Papahânaumokuâkea Marine National Monument, and 16 times
that of the main Hawaiian Islands, due to the Equatorial Undercurrent that
moves from west to east along the equator, creating localized nutrient-rich
upwellings in shallows next to the islands. These are three of only six
islands in the entire Pacific Ocean where this phenomenon is possible.
These islands are high in coral cover and biodiversity and are
predator-dominated systems. Their biomass of top predators exceeds that of
the Great Barrier Reef or Kenyan Marine Protected Areas. The islands now
host about a dozen nesting bird species including several nesting and
migratory bird species that are of conservation significance. Jarvis alone
has nearly 3 million pairs of Sooty Terns. There are about 300 fish
species found off the islands. Giant clams (Tridacna), Napoleon wrasses,
and Bumphead parrotfish are common, and sharks of many species are
especially abundant at Jarvis and commonly larger there than elsewhere.
Endangered hawksbill turtle and threatened green turtles forage in
nearshore waters. All three islands afford unique opportunities to conduct
climate change research at the equator, far from population centers. The
coral skeletons there have recorded the earth's climatic history for many
millions of years.

Johnston Atoll, the northernmost island in the island chain, is an ancient
atoll and probably one of the oldest in the Pacific Ocean. Unlike most
atolls, it does not have a surrounding barrier reef but has a semicircular
emergent reef around the north and western margins of the island. Four
major habitats characterize Johnston: low-lying islets consisting of the
remains of corals and shells, shallow coral reefs to depths of 150 meters,
deeper reefs to depths of 1,000 meters or more, and the slope of the
ancient volcano on which the island rests.

Johnston is a genetic and larval stepping stone from the Remote Islands to
the Hawaiian Islands for invertebrates, other reef fauna, corals, and
dolphins. Despite its isolation, Johnston supports thriving communities of
Table corals (Acropora) and a total of 45 coral species, including a dozen
species confined to the Hawaiian and northern Line Islands. Some 300
species of reef fish are at Johnston, including the endemic Nahacky's pygmy
angelfish. Many threatened, endangered, and depleted species thrive there,
including the green turtle, hawksbill turtle, pearl oyster, giant clams,
reef sharks, groupers, humphead wrasse, bumphead parrotfish, whales, and
dolphins. Endangered Hawaiian Monk Seals occasionally visit the atoll.
Deep diving submersible surveys have revealed that Johnston supports the
deepest reef building corals (Leptoseris) on record and large populations
of hydrozoan corals (Millepora, Distichopora, Staylaster). Land areas
support large populations of migratory shorebirds and resident seabird
species, including populations of regional, national, or international
significance: Wedge-tailed Shearwaters, Christmas Shearwaters, Red-tailed
Tropicbirds, Brown Boobies, Great Frigatebirds, Gray-backed Terns, and
White Terns. Approximately 200 threatened green turtles forage at
Johnston. The surrounding waters are used by six depleted or endangered
listed cetacean species: Sperm, Blue, Sei, Humpback, and North Pacific
Right whales. Spinner dolphins are abundant, and endangered Humpback
whales may calve there.

Palmyra Atoll is a classic Darwinian atoll that formed atop a sinking
Cretaceous-era volcano. Kingman Reef formed in the same manner but is
considered an atoll reef because it lacks permanent fast land areas or
islands. Kingman Reef contains a sheltered lagoon that served as a way
station for flying boats on Hawaii-to-American Samoa flights during the
late 1930s. There are no terrestrial plants on the reef, which is
frequently awash, but it does support abundant and diverse marine fauna and
flora. Palmyra Atoll is managed by the United States Fish and Wildlife
Service as a wildlife refuge. In 2001, the Secretary of the Interior
established National Wildlife Refuges at Palmyra Atoll and Kingman Reef.

Palmyra Atoll and Kingman Reef are known to be among the most pristine
coral reefs in the world, with a fully structured inverted food web.
Kingman Reef is the most pristine of any reef under U.S. jurisdiction.
They are ideal laboratories for assessing effects of climate change without
the difficulty of filtering anthropogenic impacts. Both Palmyra Atoll and
Kingman Reef support higher levels of coral and other cnidarian species
diversity (180-190 species) than any other atoll or reef island in the
central Pacific, twice as many as are found in Hawaii or Florida. Palmyra
atoll has one of the best remaining examples of Pisonia grandis forest
found in the Pacific region. This forest type has been lost or severely
degraded over much of its range due to increased human population and
development. Fish species diversity at Palmyra (418 species) is higher
than, while that of Kingman (297 species) is comparable to, that of the
other remote Pacific refuges. Many threatened, endangered, and depleted
species thrive there, including the green and hawksbill turtle, pearl
oyster, giant clams (the highest concentration in the Pacific Remote Island
Area), reef sharks, Coconut crabs, groupers, humphead and Napoleon wrasse,
bumphead parrotfish, and dolphins. Significant numbers of threatened green
turtles forage at both atolls, especially at Palmyra; endangered Hawksbill
sea turtles forage at both atolls. Large schools of rare Melon-headed
whales reside off both atolls. A possibly new species of beaked whale was
recently described from 2 specimens stranded at Palmyra and 1 at Christmas
Island. Palmyra supports 11 nesting seabird species including the
third-largest Red-footed Booby colony in the world. Large numbers of
Bristle-thighed Curlews, a migratory shorebird of conservation
significance, winter at Palmyra.

WHEREAS Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman
Reef, and Palmyra Atoll and their surrounding waters contain objects of
historic or scientific interest that are situated upon lands owned or
controlled by the Government of the United States;

WHEREAS the Department of Defense has historically maintained facilities,
defensive areas, and airspace reservations at Wake Island and Johnston
Atoll;

WHEREAS the United States continues to act in accordance with the balance
of interests relating to traditional uses of the oceans recognizing freedom
of navigation and overflight and other internationally recognized lawful
uses of the sea;

WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C.
431)(the "Antiquities Act") authorizes the President, in his discretion, to
declare by public proclamation historic landmarks, historic and prehistoric
structures, and other objects of historic or scientific interest that are
situated upon lands owned or controlled by the Government of the United
States to be national monuments, and to reserve as a part thereof parcels
of land, the limits of which in all cases shall be confined to the smallest
area compatible with the proper care and management of the objects to be
protected;

WHEREAS it is in the public interest to preserve the marine environment
around the islands of Wake, Baker, Howland, and Jarvis Islands, Johnston
Atoll, Kingman Reef, and Palmyra Atoll for the care and management of the
historic and scientific objects therein:

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Antiquities Act,
do proclaim that there are hereby set apart and reserved as the Pacific
Remote Islands Marine National Monument (the "monument" or "marine national
monument") for the purpose of protecting the objects identified above, all
lands and interests in lands owned or controlled by the Government of the
United States within the boundaries described below and depicted on the
accompanying maps entitled "Pacific Remote Islands Marine National
Monument" attached to and forming a part of this proclamation. The
monument includes the waters and submerged and emergent lands of the
Pacific Remote Islands to the lines of latitude and longitude depicted on
the accompanying maps, which lie approximately 50 nautical miles from the
mean low water lines of Wake, Baker, Howland, and Jarvis Islands, Johnston
Atoll, Kingman Reef, and Palmyra Atoll. The Federal land and interests in
land reserved consists of approximately 86,888 square miles, which is the
smallest area compatible with the proper care and management of the objects
to be protected.

All Federal lands and interests in lands within the boundaries of this
monument are hereby withdrawn from all forms of entry, location, selection,
sale, leasing, or other disposition under the public land laws to the
extent that those laws apply. Lands and interests in lands within the
monument not owned or controlled by the United States shall be reserved as
a part of the monument upon acquisition of title or control by the United
States.

Management of the Marine National Monument

The Secretary of the Interior, in consultation with the Secretary of
Commerce, shall have responsibility for management of the monument,
including out to 12 nautical miles from the mean low water lines of Wake,
Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and
Palmyra Atoll, pursuant to applicable legal authorities. However, the
Secretary of Defense shall continue to manage Wake Island, according to the
terms and conditions of an Agreement between the Secretary of the Interior
and Secretary of the Air Force, unless and until such Agreement is
terminated. The Secretary of Commerce, through the National Oceanic and
Atmospheric Administration, and in consultation with the Secretary of the
Interior, shall have primary responsibility for management of the monument
seaward of the area 12 nautical miles of the mean low water lines of Wake,
Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and
Palmyra Atoll, with respect to fishery-related activities regulated
pursuant to the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) and any other applicable legal authorities. The
Secretaries of Commerce and the Interior shall not allow or permit any
appropriation, injury, destruction, or removal of any feature of this
monument except as provided for by this proclamation and shall prohibit
commercial fishing within boundaries of the monument.

The Secretaries of the Interior and of Commerce shall take appropriate
action pursuant to their respective authorities under the Antiquities Act
and the Magnuson-Stevens Fishery Conservation and Management Act, and such
other authorities as may be available to implement this proclamation, to
regulate fisheries, and to ensure proper care and management of the
monument.

Regulation of Scientific Exploration and Research

Subject to such terms and conditions as the respective Secretary deems
necessary for the care and management of the objects of this monument, the
Secretary of the Interior may permit scientific exploration and research
within the monument, including incidental appropriation, injury,
destruction, or removal of features of this monument for scientific study,
and the Secretary of Commerce may permit fishing within the monument for
scientific exploration and research purposes to the extent authorized by
the Magnuson-Stevens Fishery Conservation and Management Act. The
prohibitions required by this proclamation shall not restrict scientific
exploration or research activities by or for the Secretaries, and nothing
in this proclamation shall be construed to require a permit or other
authorization from the other Secretary for their respective scientific
activities.

Regulation of Fishing and Management of Fishery Resources

The respective Secretaries may permit noncommercial fishing upon request,
at specific locations in accordance with this proclamation. Noncommercial
fishing opportunities currently allowed by the U.S. Fish and Wildlife
Service at Palmyra Atoll may continue unless the Secretary of the Interior
determines such fishing would not be compatible with the purposes of the
Palmyra Atoll National Wildlife Refuge. The Secretary shall provide a
process to ensure that recreational fishing shall be managed as a
sustainable activity in certain areas of the monument, consistent with
Executive Order 12962 of June 7, 1995, as amended, and other applicable
law.

Monument Management Planning

The Secretaries of the Interior and Commerce shall, within 2 years of the
date of this proclamation, prepare management plans within their respective
authorities and promulgate implementing regulations that address any
further specific actions necessary for the proper care and management of
the objects identified in this proclamation at Baker, Howland, and Jarvis
Islands, Kingman Reef, and Palmyra Atoll. The Secretaries shall revise and
update the management plans as necessary. The Secretary of the Interior
shall revise the management plan to incorporate measures for the management
of Johnston Atoll within 2 years of the date that the Department of Defense
terminates its use of Johnston Atoll. If the Secretary of the Air Force
terminates the Agreement regarding its use of Wake Island, the Secretary of
the Interior shall revise the management plan to incorporate Wake Island
management within 2 years of the date that the Air Force terminates its use
of Wake Island. In developing and implementing any management plans and
any management rules and regulations, the Secretaries shall consult and
designate and involve as cooperating agencies the agencies with
jurisdiction or special expertise, including the Department of Defense, in
accordance with the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), its implementing regulations, and with Executive Order 13352, of
August 26, 2004, Facilitation of Cooperative Conservation.

The management plans and their implementing regulations shall impose no
restrictions on innocent passage in the territorial sea or otherwise
restrict navigation and overflight and other internationally recognized
lawful uses of the sea in the monument and shall incorporate the provisions
of this proclamation regarding Armed Forces actions and compliance with
international law.

This proclamation shall be applied in accordance with international law.
No restrictions shall apply to or be enforced against a person who is not a
citizen, national, or resident alien of the United States (including
foreign flag vessels) unless in accordance with international law.

Emergencies, National Security, and Law Enforcement Activities

1. The prohibitions required by this proclamation shall not apply to
activities necessary to respond to emergencies threatening life, property,
or the environment, or to activities necessary for national security or law
enforcement purposes.

2. Nothing in this proclamation shall limit agency actions to respond to
emergencies posing an unacceptable threat to human health or safety or to
the marine environment and admitting of no other feasible solution.

Armed Forces Actions

1. The prohibitions required by this proclamation shall not apply to
activities and exercises of the Armed Forces (including those carried out
by the United States Coast Guard).

2. The Armed Forces shall ensure, by the adoption of appropriate measures
not impairing operations or operational capabilities, that its vessels and
aircraft act in a manner consistent, so far as is reasonable and
practicable, with this proclamation.

3. In the event of threatened or actual destruction of, loss of, or injury
to a monument resource or quality resulting from an incident, including but
not limited to spills and groundings, caused by a component of the
Department of Defense or the United States Coast Guard, the cognizant
component shall promptly coordinate with the Secretary of the Interior or
Commerce, as appropriate, for the purpose of taking appropriate actions to
respond to and mitigate any actual harm and, if possible, restore or
replace the monument resource or quality.

4. Nothing in this proclamation or any regulation implementing it shall
limit or otherwise affect the Armed Forces' discretion to use, maintain,
improve, manage, or control any property under the administrative control
of a Military Department or otherwise limit the availability of such
property for military mission purposes, including, but not limited to,
defensive areas and airspace reservations.

The establishment of this monument is subject to valid existing rights.

This proclamation is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, by any
party against the United States, its agencies, instrumentalities, or
entities, its officers, employees, agents, or any other person.

Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the national monument
shall be dominant over any other existing federal withdrawal, reservation,
or appropriation.

Warning is hereby given to all unauthorized persons not to appropriate,
excavate, injure, destroy, or remove any feature of this monument and not
to locate or settle upon any lands thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this
sixth day of January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and
thirty-third.